Taranaki TC 3 April 2016 – R 5 – Chair, Mr P Williams
ID: JCA10634
Meet Title:
Taranaki TC - 3 April 2016
Meet Chair:
PWilliams
Meet Committee Member 1:
TBird
Race Date:
2016/04/03
Race Number:
R5
Decision:
Penalty:
Facts:
Following the running of Race 5, the “Comcat Mobile Pace” Information A3727 was filed by Stipendiary Steward Mr J Muirhead alleging a breach of Rule 869(2)(a) by Open Horseman Mr S Dickson. The Information stated “when he used his whip excessively driving “Jonah Jones” over the concluding stages”.
Mr Dickson signed the Information admitting the breach and at the beginning of the hearing confirmed that was the case and also that he understood the Rule he had been charged under.
Rule 869(2)(a) states:- “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner.”
Submissions for Decision:
Mr Muirhead used the side-on film to identify Mr Dickson driving “Jonah Jones” racing towards the rear of the field as the horses entered the home straight. Mr Muirhead said Mr Dickson shifted his horse to the outside of the field for a final run and then from approximately the 250m point through to the finish struck his horse 27 times.
Mr Dickson denied that he had hit horse and said the strikes were on the dust sheet and sulky shaft and this could be proved as there were no marks on the horse which he was happy for the Committee to inspect if they wished. He said he did not “beat his horses up” and said the film looked worse than it actually was. To a question from the Committee he confirmed he was aware of the “Use of Whip” Guidelines published by Harness Racing New Zealand which state:- “Stewards deem the “use of the whip” throughout the race as………..on the sulky or dust sheet”.
Submissions for Penalty:
Mr Muirhead said Mr Dickson had not breached this Rule in the previous 12 months. He said he was aware that the JCA Guidelines stated the starting point for a breach of the Rule was a $500 fine or a 2 day suspension but did not submit what he thought was an appropriate penalty. He said the number of strikes placed the offending at the upper end of the scale and it was disappointing that the horse had been hit 27 times.
Mr Dickson said that a fine of $500 was excessive for a C1 race and he could not afford a fine of that magnitude. When reminded that the JCA’s Guidelines state a starting point can be a fine or a suspension he reiterated he could not afford a large fine.
Reasons for Penalty:
The Committee has reviewed the side-on film of the final 250m of the race and notes Mr Dickson used his whip approximately 27 times over that distance. Whilst some of the strikes may have been on the dust sheet or sulky Mr Dickson’s actions were a clear breach of the Rule. The Committee also believes that the number of strikes places the offending at the upper end of the scale. The Committee notes Mr Dickson has a clear record in relation to this Rule and has admitted today’s breach. We also note that the Stipendiary Stewards did not submit what, in their view, was an appropriate penalty.
The JCA Penalty Guidelines state the starting point for a breach of this Rule is a $500 fine or 2 day suspension. We have reviewed the range of penalties for similar breaches of this Rule in the past 12 months to ensure as best we can consistency with those decisions. The Committee has also considered whether to impose a fine or a suspension and on this occasion we believe a fine is an appropriate penalty.
JCA Decision Fields (raw)
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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 0ebe8c94825dc26adeca8f73d29e90bc
informantnumber: A3727
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 04/04/2016
hearing_title: Taranaki TC 3 April 2016 - R 5 - Chair, Mr P Williams
charge:
facts:
Following the running of Race 5, the “Comcat Mobile Pace” Information A3727 was filed by Stipendiary Steward Mr J Muirhead alleging a breach of Rule 869(2)(a) by Open Horseman Mr S Dickson. The Information stated “when he used his whip excessively driving “Jonah Jones” over the concluding stages”.
Mr Dickson signed the Information admitting the breach and at the beginning of the hearing confirmed that was the case and also that he understood the Rule he had been charged under.
Rule 869(2)(a) states:- “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead used the side-on film to identify Mr Dickson driving “Jonah Jones” racing towards the rear of the field as the horses entered the home straight. Mr Muirhead said Mr Dickson shifted his horse to the outside of the field for a final run and then from approximately the 250m point through to the finish struck his horse 27 times.
Mr Dickson denied that he had hit horse and said the strikes were on the dust sheet and sulky shaft and this could be proved as there were no marks on the horse which he was happy for the Committee to inspect if they wished. He said he did not “beat his horses up” and said the film looked worse than it actually was. To a question from the Committee he confirmed he was aware of the “Use of Whip” Guidelines published by Harness Racing New Zealand which state:- “Stewards deem the “use of the whip” throughout the race as………..on the sulky or dust sheet”.
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Muirhead said Mr Dickson had not breached this Rule in the previous 12 months. He said he was aware that the JCA Guidelines stated the starting point for a breach of the Rule was a $500 fine or a 2 day suspension but did not submit what he thought was an appropriate penalty. He said the number of strikes placed the offending at the upper end of the scale and it was disappointing that the horse had been hit 27 times.
Mr Dickson said that a fine of $500 was excessive for a C1 race and he could not afford a fine of that magnitude. When reminded that the JCA’s Guidelines state a starting point can be a fine or a suspension he reiterated he could not afford a large fine.
reasonsforpenalty:
The Committee has reviewed the side-on film of the final 250m of the race and notes Mr Dickson used his whip approximately 27 times over that distance. Whilst some of the strikes may have been on the dust sheet or sulky Mr Dickson’s actions were a clear breach of the Rule. The Committee also believes that the number of strikes places the offending at the upper end of the scale. The Committee notes Mr Dickson has a clear record in relation to this Rule and has admitted today’s breach. We also note that the Stipendiary Stewards did not submit what, in their view, was an appropriate penalty.
The JCA Penalty Guidelines state the starting point for a breach of this Rule is a $500 fine or 2 day suspension. We have reviewed the range of penalties for similar breaches of this Rule in the past 12 months to ensure as best we can consistency with those decisions. The Committee has also considered whether to impose a fine or a suspension and on this occasion we believe a fine is an appropriate penalty.
penalty:
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr S Dickson - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 299b604963bc91846cecfd45e073de1b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 07227a21f2352c0e6478dcfab2563ece
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/04/2016
meet_title: Taranaki TC - 3 April 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taranaki-tc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: TBird
meet_pm2: none
name: Taranaki TC